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Legislative Year: 2021 Change
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Bill Detail: HB21-1143

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Title Protect Survivors' Rights To Rape Kit Evidence
Status Introduced In Senate - Assigned to Judiciary (04/01/2021)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors M. Froelich (D)
M. Soper (R)
Senate Sponsors J. Danielson (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 03/02/2021
Summary

The bill requires the medical professional collecting the medical
evidence to inform a victim of the contact information for the nearest
sexual assault victim's advocate or confidential victim's advocate, the
length of time that medical evidence must be preserved, and the victim's
right to be notified of the destruction of the medical evidence.
The bill creates the following rights, upon request, for victims of
a sex crime:
  • The right to be notified that evidence has been submitted

for testing;
  • The right to be notified when the law enforcement agency
has received the results of the analysis;
  • The right to be informed of whether a DNA sample was
obtained from the analysis and whether or not there are
matches to DNA profiles in state or federal databases;
  • The right to be informed at least 60 days prior to the
destruction of forensic medical evidence collected in
connection with the alleged sex offense;
  • The right to file, prior to the expiration of the 60-day
period, an objection to the destruction of the forensic
medical evidence;
  • The right to be informed of any change in status of the
case, including if the case has been closed or reopened; and
  • The right to receive a physical document identifying the
rights under law after the exam has been completed.
The bill directs a law enforcement agency to maintain the medical
evidence until the statute of limitation has run on the crime and for an
additional 10 years if the victim objects to its destruction.

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